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Constructive dissmisal

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  • Constructive dissmisal

    Hi Guys,

    I'm currently in the process and waiting on the ET3 response to my constructive dismissal case. I keep seeing how hard these are to prove.
    I raised some safeguarding concerns to management and nothing was done and i received no response, then i was treated as an outcast for a short while before i felt the only option i had was to hand in my notice. I two days later was told to work in the furthest possible provision as I was under investigation. I did not have means of transport and offered to work there if this was provided, they offered me only milage but not having a car this was impossible as the placement was in a different county , they then put me on unauthorized absence and was not paid at all for the month of December. The investigation ( which was full of inconsistencies and falsehoods that I can easily prove) was then dragged on until two days before my official leaving date and as expected there was no further action.
    As I was not dismissed I only saw the constructive dismissal as my only option? Have i made a mistake? I have completed my ET1 form, the respondent has missed the deadline ( were on day 10 now) and the judge has given us a two day hearing.
    Any Advice will be greatly received
    Many Thanks
    Tags: None

  • #2
    Resigning and then making a claim for constructive unfair dismissal can be problematical to prove and unfortunately for this type of claim, it is up to you to prove that this was the case and you had had no alternative but to resign.

    I have a few questions:

    1. How long have you been employed at the company?
    2. How did you raise the safeguarding concerns - verbally or by email and to whom?
    3. You say you were treated as an outcast, what are some examples of how this was displayed and over what period prior to your resignation?
    4. What did you do to try and resolve the situation - did you raise any grievance?
    5. If you did raise a grievance what was the grievance, what was the outcome?
    6. Did you appeal any grievance outcome?
    7. What was in your contract of employment about working at other locations?
    8. What was your notice period.
    9. When you resigned did you detail at all anything to set out you believe you are resigning on the basis of constructive unfair dismissal
    10. Have you phoned the Tribunal to find out the deadline for returning the ET3 has been missed?

    Sorry there are so many questions but without responses to them it is difficult for me to advise you.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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